BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
and
NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD
CORPORATION
(Metra)
NMB Case No. 41
This dispute involves Mr. Salvador Romero employed by Metra as a Machine Operator at Roundout Headquarters.
On September 14, 2004, Mr. Romero received a letter instructing him to attend a formal investigation on Wednesday, September 22, 2004, at 9:00 a.m. for the purpose of developing the facts, determining the cause and assess responsibility, if any, in connection with his alleged carelessness while operating a speed swing on September 7, 2004, which resulted in the striking of an automobile in the rear and causing damage to that vehicle.
Mr. Romero was charged with alleged violation of the following Metra Employee Conduct Rule N, Paragraph No. 3, Item Nos. 1 and 2.
At the request of the Organization, the investigation was postponed until October 1, 2004, and was held on that date.
Following the investigation, Mr. Romero received a Notice of Discipline letter dated October 11, 2004, assessing him discipline of Three (3) work days
deferred suspension for violation of Metra Employee Conduct Rule N, Paragraph No. 3, Item Nos. l and 2.
The transcript of the investigation held on October 1, 2004, provides the basis for this Board's adjudication of this dispute.
This dispute is before this Special Board of Adjustment established by agreement between the Brotherhood of Maintenance of Way Employes and the Northeast Illinois Regional Commuter Railroad Corporation (Metra) dated November 12, 1999, SBA No. 1122.
On September 7, 2004, Mr. Romero was assigned the duty of clearing up tree debris which was scattered around the head cart building and placing the debris in a durnpster for disposal.
Mr. Romero was operating a John Deere swing loader with a bucket attached. The brush was placed in the bucket, and in the process of traveling to the dumpster site, the incident occurred which gave rise to this dispute.
Mr. Romero had to travel down a public street to the site where the Company dumpster was located.
In traveling to the site of the dumpster, Mr. Romero in his Speed Swing was following two cars. The two cars stopped at the intersection to make a turn
onto Rockland Road. The lead car made a turn and proceeded to the right at the intersection. The car in front of Mr. Romero did not move which resulted in Mr. Romero being required to abruptly stop his machine to avoid hitting the vehicle; however, the brush from the bucket of Mr. Romero's machine struck the car ahead and caused damage to the vehicle.
Mr. Romero immediately notified Mr. Ken Rabe, Jr. his supervisor and reported the accident. Mr. Rabe testified that he proceeded to the location and made an investigation of what happened.
Mr. Rabe confirmed that Mr. Romero's machine did not strike the vehicle ahead, but the damage was caused by brush protruding from Mr. Romero's machine bucket.
In our review of the investigation transcript, we find that there is no dispute as to the facts involved in the accident.
The Organization took the position that the accident could have been avoided if the dumpster had been placed in a closer and safer location which did not require traveling on a public street.
That position is a hindsight position as it does nothing to alter the facts that occurred in this dispute. Mr. Romero was operating a Speed Swing machine, and in this incident while his vehicle did not strike the vehicle ahead of him, the brush from the bucket of Mr. Romero's machine did strike the trunk of the vehicle and caused damage.
Milwaukee District Engineering
2937 West Chicago Avenue, Chicago, Illinois 60622
You are hereby instructed to attend a formal investigation which will be held in the office of the Director of Engineering, Milwaukee District, 2931 W. Chicago Ave, Chicago, Illinois 60622 on Wednesday, September 22, 2004 at 9:00 A.M.
The purpose for this investigation is to develop the facts, determine the cause and assess responsibility, if any, in connection with your alleged carelessness while operating the speed swing on September 7, 2004 which resulted in the striking of an automobile in the rear and causing damage to thatvehicle.
In connection therewith you are charged with alleged violation of the following rules: Mefra Employee Conduct Rule N, Paragraph No. 3,, Item Nos, 1 and 2.
You miry be represented at this investigation as provided for in your labor agreement. Your representative will be given the opportunity to present evidence and testimony in your behalf and to cross-examine any witnesses testifying against you.
NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD CORPORATION
MILWAUKEE DISTRICT ENGINEERING DEPARTMENT
2931 W. CHICAGO AVE., CHICAGO, ILLINOIS 60622